CLOSED

U.S. District Court
United States District Court for the District of Connecticut (New Haven)
CRIMINAL DOCKET FOR CASE #: 3:02-cr-00105-PCD-2


Case title: USA v. Welling, et al

Date Filed: 04/17/2002
Date Terminated: 12/16/2002

Assigned to: Judge Peter C. Dorsey

Defendant (2)
Fred N Durante Jr General Contractor, Inc
TERMINATED: 01/03/2003
represented byJoseph W. Martini
Wiggin & Dana LLP-Stfd
Two Stamford Plaza
281 Tresser Boulevard
Stamford, CT 06901
203-363-7603
Fax: 203-363-7676
Email: jmartini@wiggin.com
TERMINATED: 01/03/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY - Knowing violation of asbestos work practice regulations and 18:2 - aiding & abetting
(1)
Probation for a term of 3 years. Restitution of $124,000.00 to be held in abeyance until financial responsibility is allocated with co-defendant and to be resolved before 12/23/02. Additionally $8,300.00 shall be paid to Mr Butts and Mr Smi th. Special Assessment of $400.00 for count one which shall be due immediately.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
42:7413.F FEDERAL ENFORCEMENT PROCEDURES, PENALTY - Knowing violation of asbestos work practice regulations and 18:2 - aiding & abetting
(2-3)
Dismissed on Government's motion

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None


Plaintiff
USA represented byJames I. Glasser
Wiggin & Dana-NH
One Century Tower
265 Church Street P.O. Box 1832
New Haven, CT 06508-1832
203-498-4313
Email: jglasser@wiggin.com
TERMINATED: 09/24/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey A. Meyer
U.S. Attorney's Office-NH
157 Church St., 23rd floor
New Haven, CT 06510
203-821-3700
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John H. Durham
U.S. Attorney's Office-NH
157 Church St., 23rd floor
PO Box 1824
New Haven, CT 06510
203-821-3700
Email: john.durham@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/17/2002INDICTMENT returned in New Haven before JGM as to Peter Welling (1) count(s) 1-3, Fred N Durante Jr General Contractor, Inc (2) count(s) 1-3. Assigned to Bridgeport rotation, summones to issue (Lopez, B.) (Entered: 04/18/2002)
04/18/2002  SUMMONS(ES) issued for Peter Welling, Fred N Durante Jr General Contractor, Inc to appear on 04/29/02 @ 10:30 a.m. before JGM (Lopez, B.) (Entered: 04/18/2002)
04/29/2002Initial presentment held as to Fred N Durante Jr Defendant informed of rights. (JGM) (Ruocco, M.) (Entered: 04/29/2002)
04/29/2002  PLEA entered by Fred N Durante Jr . Not Guilty: Fred N Durante Jr (2) count(s) 1-3 Court accepts plea. ( JGM) (Ruocco, M.) (Entered: 04/29/2002)
04/29/2002SCHEDULING ORDER as to Peter Welling, Fred N Durante Jr setting Substantive Motions due by 5/20/02 Government Response due by 6/3/02 Requests for Oral Argument due by 6/5/02 Jury Selection for 9:00 6/17/02 for Peter Welling, for Fred N Durante Jr ( signed by Mag. Judge Joan G. Margolis ) (Ruocco, M.) (Entered: 04/29/2002)
05/20/2002MOTION by Fred N Durante Jr to Extend Time to file Pretrial Motions, to June 10, 2002 (Jefferson, V.) (Entered: 05/23/2002)
05/20/200212 MARSHAL'S RETURN of service on Summons executed as to Fred N Durante Jr on 4/25/02 (Jefferson, V.) (Entered: 05/28/2002)
05/23/2002  ENDORSEMENT as to Fred N Durante Jr granting [9-1] motion to Extend Time to file Pretrial Motions, to June 10, 2002 as to Fred N Durante Jr (2). Substantive motions extended to 6/10/02 responses to 6/24/02 and requests for oral argument due by 6/25/02 ( Signed by Judge Peter C. Dorsey (Jefferson, V.) (Entered: 05/23/2002)
06/10/200213 MOTION by Fred N Durante Jr to Extend Time for three weeks to file pretrial motions (Moore, P.) (Entered: 06/11/2002)
06/17/2002  ENDORSEMENT as to Fred N Durante Jr granting [13-1] motion to Extend Time for three weeks to file pretrial motions as to Fred N Durante Jr (2). Substantive motions extended until 7/1/02 with government's response due 7/15/02 with the understanding that a waiver by defendant shall be filed forthwith. ( Signed by Judge Peter C. Dorsey) (Jefferson, V.) (Entered: 06/17/2002)
07/01/200214 MOTION by Fred N Durante Jr to Extend Time until 7/15/02 to file pretrial motions , and to Postpone Jury Selection until September's calendar (Jefferson, V.) (Entered: 07/02/2002)
07/02/2002  ENDORSEMENT as to Fred N Durante Jr granting [14-1] motion to Extend Time until 7/15/02 to file pretrial motions as to Fred N Durante Jr (2), granting [14-2] motion to Postpone Jury Selection until September's calendar Jury Selection for <date not set> for Fred N Durante Jr as to Fred N Durante Jr (2) ( Signed by Judge Peter C. Dorsey ) (Jefferson, V.) (Entered: 07/02/2002)
07/15/200217 MOTION by Fred N Durante Jr for Bill of Particulars , and to Strike Surplusage from Indictment (Jefferson, V.) (Entered: 07/16/2002)
07/15/200218 MEMORANDUM by Fred N Durante Jr in support of [17-1] motion for Bill of Particulars, [17-2] motion to Strike Surplusage from Indictment (Jefferson, V.) (Entered: 07/16/2002)
07/25/200219 MOTION by USA as to Fred N Durante Jr to Extend Time to respond to pre-trial motions, to 8/2/02 (Jefferson, V.) (Entered: 07/26/2002)
07/30/2002  ENDORSEMENT as to Peter Welling, Fred N Durante Jr granting [19-1] motion to Extend Time to respond to pre-trial motions, to 8/2/02 as to Fred N Durante Jr (2) ( Signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 07/31/2002)
08/30/200220 Change of Plea as to Fred N Durante Jr held Request to change plea entered earlier - GRANTED. ( PCD) (Jefferson, V.) (Entered: 08/30/2002)
08/30/2002  PLEA entered by Fred N Durante Jr . PLEA of GUILTY: Fred N Durante Jr (2) count 1 (Terminated motions: [17-1] motion for Bill of Particulars as to Fred N Durante Jr (2), [17-2] motion to Strike Surplusage from Indictment as to Fred N Durante Jr (2) ) Sentencing set for 9:00 11/18/02 for Fred N Durante Jr Court accepts plea. ( PCD) (Jefferson, V.) (Entered: 08/30/2002)
08/30/200221 Plea Agreement Letter as to Fred N Durante Jr (Jefferson, V.) (Entered: 08/30/2002)
11/13/200224 MOTION by Fred N Durante Jr to Postpone Sentencing 30 days (Jefferson, V.) (Entered: 11/13/2002)
11/15/2002  ENDORSEMENT as to Fred N Durante Jr granting [24-1] motion to Postpone Sentencing 30 days reset Sentencing for 10:00 12/16/02 for Fred N Durante Jr as to Fred N Durante Jr (2) ( Signed by Judge Peter C. Dorsey ) (Jefferson, V.) (Entered: 11/15/2002)
12/13/200226 SENTENCING MEMORANDUM by Fred N Durante Jr (Jefferson, V.) (Entered: 12/13/2002)
12/16/200230 Sentencing held Fred N Durante Jr (2) count(s) 1 ( PCD) (Moore, P.) (Entered: 12/17/2002)
12/16/200231 JUDGMENT as to Fred N Durante Jr (2) count(s) 1. Probation for a term of 3 years. Restitution of $124,000.00 to be held in abeyance until financial responsibility is allocated with co-defendant and to be resolved before 12/23/02. Additionally $8,300.00 shall be paid to Mr Butts and Mr Smith. Special Assessment of $400.00 for count one which shall be due immediately. ( Signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 12/17/2002)
12/17/200232 MOTION by USA as to Fred N Durante Jr to Dismiss counts two and three of the indictment (Moore, P.) (Entered: 12/18/2002)
12/18/2002  SPECIAL ASSESSMENT in the amount of $ 400.00 paid in full as to Fred N Durante Jr . Receipt # N008237 (Carfora, C.) (Entered: 01/07/2003)
12/30/200233 ORDER re: Restitution: as to Fred N Durante Jr. Absent agreement on a proration of the restitution to be paid, defendant is hereby ordered to pay restitution of $124,000.00 jointly and severally. ( Signed by Judge Peter C. Dorsey ) (Jefferson, V.) (Entered: 12/30/2002)
01/03/2003  ENDORSEMENT as to Fred N Durante Jr granting [32-1] motion to Dismiss counts two and three of the indictment as to Fred N Durante Jr (2) ( Signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 01/03/2003)
01/03/2003  DISMISSAL of Count(s) as to Fred N Durante Jr Counts Dismissed: Fred N Durante Jr (2) count(s) 2-3 (Moore, P.) (Entered: 01/03/2003)
01/31/2003   Restitution payment of $124,000.00 paid directly to victim: Woodway Country Club by Fred N Durante Jr. Check dated 01/31/03. (Carfora, C.) (Entered: 03/19/2003)
02/11/2003  RESTITUTION in the amount of $ 8,300.00 paid in full payment as to Fred N Durante Jr . Receipt # B005777 (Carfora, C.) (Entered: 03/28/2003)
03/10/200335 TRANSCRIPT of proceedings held on 12/16/02 as to Fred N Durante Jr ( Court Reporter: BOWLES REPORTING SERVICE) (Jefferson, V.) (Entered: 03/10/2003)
06/19/200337 MOTION by Fred N Durante Jr for Early Termination of Probation (Inferrera, L.) (Entered: 06/20/2003)
07/02/2003  ENDORSEMENT as to Fred N Durante Jr granting for good cause shown and absent objection [37-1] motion for Early Termination of Probation as to Fred N Durante Jr (2) ( Signed by Judge Peter C. Dorsey ) (Moore, P.) (Entered: 07/03/2003)